Key Benefits:
Telecommunications Regulatory Authority,
Due to Act No. 2003-1365 of 31 December 2003 on public service obligations for telecommunications and France Telecom;
Seen Act No. 2004-669 of 9 July 2004 on electronic communications and electronic communications services;
Given the code of electronic communications and electronic communications, and in particular Articles L. 32 (15 °), L. 35-3 and R. 20-31 to R. 20-39, in their drafting of Decree n ° 2004-1222 of 17 November 2004 on public service obligations and the financing of the universal service of electronic communications and amending the code of posts and communications Electronic;
In view of the contributions to the first public consultation on the draft declaration package from 2 August to 16 September 2004;
In view of the comments received by the Authority on the second version of the Statement to operators on October 13, 2004;
After deliberation on November 25, 2004,
I. -BACKGROUND
The Act of 31 December 2003 on the Public Service of Telecommunications and to France Telecom is imposing new rules on the financing of the universal service as from the final financial year 2002.
Thus, Article L. 35-3 of the postal code and electronic communications states that: The contribution of each The financing of the universal service shall be calculated in proportion to its turnover in respect of electronic communications services, excluding that achieved under the interconnection and access services which The subject-matter of the conventions laid down in Article L. 34-8 and the other services performed or invoiced on behalf of third-party operators.
However, operators whose turnover is less than an amount fixed by the decree in Council of State provided for in Article IV of this Article shall be exempt from contribution to the financing of the universal service.
If an operator agrees to provide universal service benefits under specific tariff and technical conditions, Certain categories of subscribers as mentioned in Article L. 35-1, or one of the elements of the offer referred to in 2 ° of the same article, the net cost of that offer shall be deducted from its contribution.
The three preceding paragraphs shall apply to The final evaluation carried out for the year 2002 and subsequent years. "
In order to be able to calculate the final cost of the universal service for the year 2002, as soon as possible after the publication of the implementing decree laid down in Article L. 35-2 of that Code, and in the interests of transparency, the Authority shall have Carried out several consultations with the players in the sector.
Thus, on 30 April 2004, the Authority brought together on this subject, on the one hand, the potential contributors to the universal service fund (operators with authorisation L. 33-1 or L. 34-1 in 2002, but also operators having in 2002 activities to provide electronic communications services such as Internet access or data transport, ...), and, on the other hand, representatives of the profession of Accounting experts. Following this consultation, the Authority initiated a public consultation on the implementation of these new provisions, which took place from 2 August to 16 September 2004. In the context of this consultation, the Authority has proposed certain implementing rules through a draft declaration package.
Analysis of the contributions received by the Authority has led to the development of a new version of this Note, taking into account some of the remarks made during the public consultation.
The main change made then affected the scope of the contributors; whereas the scope initially proposed in the draft notice Submitted to public consultation restricted contributors to the sole operators of authorisation L. 33-1 or L. 34-1 in 2002, the second version adopted a scope of contributors in accordance with Article L. 35-3 of the Postal Code and of the Electronic communications based on the definition of operators, provided for in Article L. 32 of Article L. 32 of the Code as ' Any natural or legal person operating a network of electronic communications open to the public or providing the public An electronic communications service ".
Thus, any operator of electronic communications services having had activities in 2002, even if he did not hold an authorisation issued under Articles L. 33-1 and L. 34-1 of the Code, and in particular Internet service providers or data carriers or telephone card operators, has the obligation to contribute from the final financial year 2002 to the universal service fund.
The Authority has Sent on 13 October 2004 this second version of the notice of declaration to the operators asking them to declare their relevant turnover before 29 October.
This application was completed on 19 October 2004 by the publication A communiqué inviting all potential contributors, operators of electronic communications services in 2002, to make themselves known and to send their statement of turnover (Annex 1 of the notice) to the Authority.
The Authority further stated that, within one month of receipt of its declaration, each registrant could be subject to an external review of the declaration, carried out by an independent company designated by the Authority. These controls are currently in progress.
Finally, as a result of the change in the calculation method, the package leaflet proposes an optional form for 2002 (Annex 3 of the notice) allowing contributors to explain some of their The choice of return, together with the associated amounts, or to formulate any questions or difficulties encountered during the preparation of the return. This form allows the Authority to assess the relevance of these specific choices and to improve the reporting package for the following years. The Authority will thus ensure the homogeneity of the processing of specific cases by operators and may eventually reprocess the identified anomalies.
II. -OBLIGATIONS FOR OPERATORS TO RETURN THEIR BUSINESS LINE FOR THE CALCULATION OF THE FINAL COST OF THE UNIVERSAL SERVICE FOR THE YEAR 2002
Decree n ° 2004-1222 of 17 November 2004 on public service obligations and the Financing of the universal electronic communications service and amending the code of posts and electronic communications, published in the Official Journal on 19 November 2004, specifies how the new legal regime is to be implemented Applicable to the calculation of the cost of the universal service.
Thus, Article R. 20-39 of the amended Postal and Electronic Communications Code states that: Operators who contribute to the universal service fund are network operators Available to the public and providers of electronic communications services to the public.
The contribution of each operator to the financing of the universal service shall be calculated in proportion to its turnover in respect of the services of Electronic communications, excluding:
1 ° Revenue achieved under the interconnection and access benefits covered by the agreements defined in the I of Article L. 34-8 and the other services performed or invoiced On behalf of third-party operators;
2 ° Revenue achieved for the carriage and distribution of radio and television services as well as the operation of collective antennas.
In the framework of offers involving Radio or television services to electronic communications services, the contribution of the operator shall be determined in proportion to the only turnover related to the electronic communications services.
For the calculation of the contribution, An abatement of EUR 5 million on the annual turnover thus calculated. "
The postal code and electronic communications therefore require all operators, as defined above, to contribute to the universal service fund and therefore to report their relevant turnover in respect of the Calculation of cost of universal service. In the absence of a declaration by an operator determined by the notified deadline, the Authority will assess the relevant turnover on the basis of the information available to it then.
The Authority also points out that, in the case of Failure to fulfil its obligations, any operator may be subject to a penalty procedure under Article L. 36-11.
Therefore, in order to be able to calculate the final cost of the universal service for the year 2002, The Authority shall apply to operators who have not yet done so to declare their relevant turnover by 10 December 2004 at the latest; this obligation shall also apply to operators who are at the end of their assessment in Below the EUR 5 million reduction threshold provided for in Article R. 20-39.
III. -CONTENTS OF THE STATEMENT OF DECLARATION
ANNEXED TO THIS DECISION
By this Decision, the Authority shall adopt the notice of declaration of the relevant turnover for the calculation of the contribution to the service fund Annex.
This final version of the notice of declaration does not contain a substantial change from the previous version addressed to the operators on 13 October 2004.
The final notice :
-updates the legal references; it mentions in particular the 5-million-euro abatement provided for in Article R. 20-39 of the Code;
-provides some details:
-recalling (page 5) Internet service providers, data providers, information service providers and telephone card providers;
-specifying (page 6) that the number of calls related to calls International entrants report to the interconnection;
-stating that, for the year 2002, they are not considered as operators of services marketing companies (SCS) or by volume fax companies (page 6) ;
-specifying the reporting procedures in the case of a bundle of eligible and non-eligible benefits (page 10);
-recalling the obligation to return the universal service questionnaire within the deadline Parties, including in the case where the reduction of EUR 5 million laid down in Article R. 20-39 referred to above leads to a nil contribution (page 11);
-indicating that the Authority will ensure homogeneity in the processing of special cases by Operators and will eventually be able to reprocess the identified anomalies. Any reprocessing will be notified to the operator concerned by the Authority (pages 11 and 12).
Operators who have already made their declaration are invited to communicate, where appropriate, a new declaration if they consider that the details
The deadline for return of the declaration is set at 10 December 2004.
As part of the final evaluation of the years 2003 and 2004, the Authority will again consult the sector, prior to sending the notices of Declaration, in order to list the operators subject to the reporting obligation for these years,
Decides:
The Notes annexed to this Decision and relating to the declaration of the relevant turnover for the calculation of the contribution to the universal service fund for the year 2002.
Companies that had operator activities in 2002 within the meaning of Article L. 32 (15 °) of the postal code and electronic communications are required to To contribute to the financing of the universal service of the year 2002 and must declare their relevant turnover, in accordance with the notice annexed to this Decision, before 10 December 2004.
Operators who have already made their declaration may change their declaration until December 10, 2004 if they deem it necessary in view of the Details of the notice annexed to this Decision.
The Director General of the Authority shall be responsible for The execution of this decision, which will be published in the Official Journal of the French Republic.
Final version approved by Decision No. 2004-1027 of the Telecommunications Regulatory Authority dated 25 November 2004.
Introduction
Law No. 003-1365 of 31 December 2003 published in the Official Journal of 1 January 2004 on public service obligations for telecommunications and France Télécom a Amended the distribution of the cost of the universal service between contributors provided for in Article L. 35-3 of the Postal Code and Telecommunications, which was subsequently amended by Act No. 2004-669 on electronic communications and Audiovisual communication services, published in the Official Journal of 10 July 2004.
The new wording of Article L. 35-3 of the postal code and electronic communications provides in the second paragraph that: The contribution of each The financing of the universal service shall be calculated in proportion to its turnover in respect of electronic communications services, excluding that achieved under the interconnection and access services which The purpose of the conventions defined in the I of Article L. 34-8 and the other services performed or invoiced on behalf of third-party operators. "
This same article provides that this new distribution key applies as of the final evaluation of the year 2002, which will have to be completed by 2 November 2004 by the ART.
This document is intended to facilitate reporting Of the relevant turnover by the operators, which has been the subject of a public consultation, concerns the final calculation of contributions to the universal service in respect of the year 2002. It will be updated regularly to take account of new market developments or possible regulatory adjustments when calculating contributions to the universal service for subsequent years.
In order to assess the figure Operators will be able to refer to the information provided by them in the autumn of 2003 within the framework of the Market Observatory, properly reprocessed according to the information contained in this document
That the auditors be involved in the reporting process. In the medium term, this involvement could include the production of a statement of global sincerity in reporting with the company's information systems.
1. Legal framework
1.1. Law n ° 2003-1365 of 31 December 2003 on public service obligations for telecommunications
and France Télécom, published in the Official Journal of 1 January 2004
Law n ° 2003-1365 incorporates the related changes The transposition of Directive 2002/22 EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights with regard to electronic communications networks and services, published in the Journal Official of the European Communities of 24 April 2002.
For the final assessment of contributions to the universal service for the year 2002, Article L. 35-3 of the abovementioned code provides for a new key for the apportionment of the cost of the universal service Between operators: the cost of the universal service is allocated to operators in proportion to their turnover in telecommunications services, ' To the exclusion of the one achieved for interconnection benefits and Access which is subject to the conventions defined in Article L. 34-8 and the other services performed or invoiced on behalf of third-party operators. '
It also provides for an exemption threshold, the amount of which has been fixed by Decree No 2004-1222 of 17 November 2004, published in the Official Journal of 19 November 2004.
Finally, the new distribution key applies as of the final evaluation of 2002.
1.2. Law n ° 2004-669 of 9 July 2004 on electronic communications
and audiovisual communication services, published in the Official Journal of 10 July 2004
The law has changed the postal code and Telecommunications by replacing the term " Telecommunications " Through the " Electronic communications ", which is defined in Article L. 32 (1) of the Postal Code and electronic communications as" Emissions, Transmissions, or receptions of signs, signals, writings, images or sounds by electromagnetic means. ". In addition, pursuant to Article L. 32 (6) of that Code, electronic communications services shall be defined as " Benefits consisting entirely or principally in the provision of electronic communications. Not covered by the services of publishing or distributing services to the public by electronic means ".
These amendments apply to the assessment of the relevant turnover to be reported by contributors to the Title of the final of 2002.
1.3. Decree on the public service obligations of electronic communications and the financing of the universal service of electronic communications amending the code of electronic communications and electronic communications
In addition to the evaluation of the Net cost of universal service and the reminder of the new distribution key, the decree provides, in Article R. 20-39 of the Code, for the turnover of services in electronic communications:
The exclusion of turnover Carried out in respect of the routing and broadcast of radio and television services as well as the operation of collective antennas: Also excluded is the turnover achieved in connection with the carriage and distribution of services Radio and television, as well as the operation of collective antennas. In the context of offers involving radio or television services to telecommunications services, the operator's contribution shall be determined in proportion to the turnover of telecommunications services. "
An abatement of 5 million euros on the annual turnover calculated as follows: For the calculation of the contribution, a battement of EUR 5 million shall be applied to the annual turnover thus calculated. "
2. General Principles
2.1. The undertakings concerned
Article L. 35-3 of the postal code and telecommunications resulting from the Act of 26 July 1996 had in its II that " The financing of costs attributable to universal service obligations is Provided by operators of networks open to the public and by telephone service providers to the public [...]. Thus excluded from the obligation to contribute to the universal service fund the providers of telecommunication services to the public other than the telephone service.
The Act of 31 December 2003, cited above, amended this article and deleted This paragraph. Thus, Article L. 35-3 now provides that " The contribution of each operator to the financing of the universal service shall be calculated in proportion to its turnover in respect of electronic communications services, excluding That carried out in respect of the interconnection and access benefits covered by the agreements defined in Article L. 34-8 and the other services performed or invoiced on behalf of third-party operators. '
Contributors to the service Universal are therefore the " Operators ", which are defined by Article L. 32 (15 °) of the Code as being" Any natural or legal person operating a network of electronic communications open to the public or providing a service to the public Electronic communications ".
As a result, by referring to the notion of operator only, Article L. 35-3 now requires the submission of all operators of electronic communications networks open to the public As well as all providers of electronic communications services to the public.
To the extent that the fourth paragraph of Article L. 35-3 requires that all three preceding paragraphs of this paragraph apply to The final evaluation of the universal service for 2002, it is already appropriate to take into account this new definition of contributors to the universal service fund and to apply it to the calculation of the cost of the universal service for the year 2002.
As contributors to the universal service for 2002, companies having been in 2002 operators of electronic communications networks open to the public or providers of electronic communications services to the public, y Including Internet service providers, data carriers, information service providers, and telephone card providers.
2.2. Dual logic
As regards the turnover of the operator, the reference turnover must be reprocessed in accordance with a double logic. The relevant turnover to be reported is the part of the operator's turnover limited to the retail market perimeter of the electronic communications services.
2.2.1. The relevant revenue
deals only with the retail market
This is the total revenue (including fixed, variable, or recurring revenues such as commissioning, subscriptions, packaging, or consumption)
excludes the turnover achieved with other contributors, and in particular the turnover achieved in respect of the interconnection benefits. Is considered to be interconnect benefits, the termination of incoming international calls.
2.2.2. The relevant revenue is
only for electronic communications services
As specified in section 1.2 of this document, electronic communications services are defined as "electronic communications services." Benefits Consisting wholly or principally in the provision of electronic communications. The services of publishing or distributing communication services to the public electronically "are not covered".
2.3. The principle of the retail market:
consequences
The following rules ensure that the declaration uniqueness is respected for a given turnover in the reporting string.
2.3.1. Revenue from the final customer
regardless of delivery mode
Operators report sales to the end customer, either directly or indirectly by a distributor
is considered as a final customer any customer who is not a contributor to the universal service fund. In particular, it is considered as a final customer any service provider, such as service marketing companies (SCS) and companies that send faxes in volume. Therefore, the contributing operator in relation to such a company shall declare the gross turnover it makes to that enterprise in respect of the final market.
For each service rendered to the end customer, the relevant turnover To be reported by the contributor operator includes all delivered electronic communications services, including aboutments, transport and termination of calls when performed by third parties.
In the case of links Leased, will be retained the turnover of the final customers and not the one carried out with the operators for the sale of transit or for the resale to the retail of leased links or VPNs. This in order not to take into account twice certain turnover figures and to retain only the turnover achieved in the retail market.
2.3.2. Billing for Third Party Account
Billing for third parties is evidenced by the presence on the invoice of the operator who invoicing for third party transactions corresponding to the activity of a third party. Operator with whom a billing agreement has been signed on behalf of a third party.
The terms and conditions for calculating the payment of the benefit do not interfere with the qualification of the third-party billing benefit. In
general case, all the sums received by the invoicing operator shall be paid back to the operator for whom the payment of the Invoicing is rendered (this is also paid for this benefit). The operator invoicing for a third party does not declare anything, and on its side the operator for which the invoice is rendered, must report the completeness of the relevant turnover related to this invoice.
In case the operator Invoicing only one part of the sums received (the balance corresponding to its remuneration), which is the case in particular of the internet collection at the local rate, the operator invoicing for third parties then declares the part kept in the Of its remuneration and, on the other hand, the operator for which the billing provision is made shall report the relevant turnover actually paid by the operator responsible for invoicing on behalf of third parties. The operator for whom the third party account is rendered must make the declaration regardless of how the claim is recovered or accounted for.
2.4. Electronic communications services:
consequences
The following table shows the main items in the 2002 nomenclature of the Market Observatory and specifies their qualifications for services Electronic communications (see Annex 4), presents a review of electronic communications services, with, in the second column, an indicator indicating the taking into account in the area of turnover.
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for which the indicator is to " Yes " Are eligible services, to be included in the scope.
It Note that broadband services, satellite services, paging services, professional mobile network services and leased and data transport services, which were not taken into account For final contributions in the years prior to 2002, it is now.
On the other hand, the sale and rental of terminals do not form part of the eligible services; therefore, the corresponding business figures are not to be included in the The reporting scope.
3. Technical aspects
The following paragraphs specify the procedure for assessing the relevant revenue contributors.
3.1. Nature of the revenue taken into account:
the CA accounting for eligible services
To estimate the turnover to be reported, the ART recommends starting from the eligible turnover of the operator, counted in the Statement of results, for the year concerned by the declaration. It takes into account discounts, promotions and rebates, but does not take into account any outstanding issues. Thus an operator who has sold for 80, after delivery, a product or service whose price in the catalog is 100, must declare 80, regardless of whether or not the customer is paying that amount.
The turnover will have to be broken down Analytically between the categories of services mentioned in the previous grid (see 2.4).
3.2. Non-spreading turnover over several years
In order to homogenize the declarations made by the different operators, the relevant turnover cannot be spread over several years.
As a result, contributors will be required to ensure, if they return to their internal accounting data, that they have not been spread over time.
3.3.
bundle declaration rules that include eligible and non-eligible services
Benefits invoiced as part of a bundle that includes eligible benefits on the return and others not Eligible (fees for the provision of equipment, audiovisual services, including TV on ADSL and content services such as the loading of music ...) Shall be declared in their entirety unless the turnover of the non-eligible benefits is isolated or tax-treated and can be justified on the basis of the presentation of contracts or conventions relating thereto or, failing that, states Tax. The operators concerned shall specify for each bundle, in Annex 3, the aggregate amount of the turnover achieved and its distribution between the eligible party and the ineligible party and provide the necessary supporting documents
This principle may apply, in particular, to the turnover of the shared-income services, for which the service includes an eligible part related to transport and a non-eligible party linked to services, which Does not include electronic communications services. For further details, see the specific case processing in Appendix 5.
Operators will be able to apply to the RTA services for details in the case of complex offerings.
4. Reporting procedure
ART addresses a universal service questionnaire (see Appendix 1) to potential contributors to universal service financing (see 2.1).
4.1. The reporting process for the
4.1.1 operator. Internal validation of information
The information used as the basis for the development of the revenue base of the eligible electronic communications services being information derived from turnover Accounting for the period in question, the RTA recommends that the person in charge of the declaration at the operator's financial service (financial director or management controller) the number of accounts accounted for, service by Service, to best fill the grid used to establish the eligible revenue base and the declaration itself.
4.1.2. Compute Grid
The RTA provides a calculation grid in the form of a turnover matrix accounting for the reported turnover (see Appendix 2). This grid is for internal use, since operators will only communicate a consolidated turnover to the ART. On the other hand, the latter will have to be able to produce this internal calculation grid, if they are, where appropriate, subject to control (see 4.2). The nomenclature used refers to that of the Market Observatory and it is appropriate for the operator declaring the different turnover figures recorded in the appropriate boxes, irrespective of its own nomenclature or Internal accounting.
4.2. Declaration to the Authority
By virtue of the postal code and electronic communications, the operator is required to contribute to the financing of the universal service and must therefore send the questionnaire relating to the service (see Annex 1) within the time limits set, including in the case where the reduction of EUR 5 million provided for in Decree No 2004-1222 leads to a nil contribution. In the absence of a declaration on the notified due date, the Authority will be able to estimate the relevant turnover in the light of the information available to it, in order to determine the contributions of each of the operators, and may open a procedure for Penalty for non-compliance with reporting requirements.
4.3. External control of the declaration
The information provided by operators may be subject to external control by an independent company designated by the ART. The operators subject to the control are chosen by the ART and are informed by mail of the name of the external controller retained and of the date foreseen for the control. In parallel, the ART shall deliver to the Controller a letter of mission recalling the confidentiality to which it is kept and which specifies in particular that the information to which it will have access may not be used in any other framework other than that of The assessment of the relevant turnover of the controlled return. This mission letter may be presented to any controlled operator who requests it.
4.4. The ability to enter the services of the Special Cases Authority
Operators can submit to the ART the questions they ask themselves and explain some of their choice of declaration using the proposed form (see Annex 3). In particular, in case of doubt as to the relevance of a specific turnover, they will specify the nature of the specific turnover, the associated amount, and whether or not they have been retained in the declared
. Specific amount for the calculation of the 2002 contribution and will, as a result, specify the reporting procedures beginning in the 2003 fiscal year. In particular, it will ensure the homogeneity of the processing of specific cases by operators and may eventually readdress the identified anomalies. Any reprocessing will be notified to the appropriate operator.
A N N E X E 1
REPORTING FORM IN THE MATTER OF THE UNIVERSAL SERVICE
This form is to be communicated to the ART
I, the undersigned (name, first name), duly authorized under the authority, subscribe to the following declaration:
1. Operator identification
Name:
Company name:
Address:
Phone:
Fax:
Mel:
If authorization, reference: stopped,
published in OJ of
2. Revenue from telephone service to the public for 2002
In millions
of euros
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This definition Includes telephone services, both fixed and mobile from France. This amount is provided by the operators who had an activity on all or part of the year 2002 to enable the ART to determine the cost base of the universal service social rate component.
3. The relevant revenue of the
electronic communications services for the year 2002
In millions
of euros
Turnover found in electronic communications services:
Turnover Found:
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The amount is provided by operators who had an activity on all or part of the year 2002, for To enable the ART to make their contribution to the cost of the universal service.
As an indication, the ART assesses the average contribution of operators to 0.5 % of their relevant turnover for 2002.
I declare that I am personally Authorized to take responsibility for this operator for this declaration.
Name: First name:
Function:
Date: Signature:
Phone: Fax:
Email address:
Power
I, the undersigned,
Name: First name:
Function:,
acting on behalf of the company:,
entered in the Business Register as an operator,
gives power to Monsieur or Madame
Name: First name:
Function:
to perform on behalf of and on behalf of the company:
the Universal Service declaration for the Telecom Policy Authority.
I accept that my responsibility may be, if any, Be engaged as part of this statement by Mr. or Mrs.
(name of person making the declaration) within the limits of this authority.
Done at:, the
Signature
A N N E X E 2
BUSINESS CHIFFRE PASSAGE TO REPORTED BUSINESS CHIFFER
This document is for internal use by the operator. It is not intended to be communicated to the RTA, but should be made available to the external monitor designated by the Authority as part of the audit of the declaration.
1. Operator identification
Name:
Company name:
Address:
Phone:
Fax:
Mel:
If authorization, reference: stopped,
published in OJ of
2. Revenue change accounted for reported revenue
In millions
of euros
References to the 2002 Contract Observatory form are noted (ODM).
2.1. First step: sales figure
to the income account for the year in question
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2.2. Second step: analytical breakdown of this revenue
according to the services in question
Turnover recorded in the profit and loss account of the year in question:
Turnover recorded:
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2.3. Step 3: Reprocessing of the relevant
sales in multiple fiscal years
Reintegration of the relevant revenue spread into a result count over several years:
Dont:
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2.4. Step 4: Deducting
sales of irrelevant services
Sales of irrelevant services:
Sales revenue:
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2.5. Step Five: Deducting Out-of-Retail Sales
(Business Numbers with Other Contributors)
Sales of relevant services with other contributors:
Turned revenue:
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2.6. Step Six: Deducting Unrelevant Share
of Bundled Offer Sales
Unrelevant Share of Bundles Turnover:
Turned Sales:
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2.7. Step Seven: Handling Special Cases
Case Processing:
Relevant revenue in the result account:
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2.8. Step 8: Amount to declare
Report from previous steps:
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A N N E X E 3
FORMULAR REPORTED QUESTIONS AND SELECTED
DURING THE REPORTING PROCESS
This document is to be communicated optionally to ART
1. Operator identification
Name:
Company name:
Address:
Phone:
Fax:
Mel:
If authorized, reference:
published in OJ of
2. General questions and considerations
Please indicate, if this is the case, the part of the statement to which your comment relates:
3. Election carried out as part of the 2002 declaration
Please indicate, in case of doubt as to the relevance of a specific turnover, the nature of the turnover, the associated amount and whether or not it has been retained in the total Declared.
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A N N E X E 4
NOMENCLATURE USED BY OBSERVATORY OF MARKETS
IN THE 2002 ANNUAL REPORTING
1. Fixed telephony services
1.1. From fixed lines
Access and subscriptions:
Access and subscription revenue: revenue for access charges and subscriptions by a line (analog, digital, xdsl) or by Subscription to carrier selection or pre-selection (CA 11).
Additional Service Revenue: Revenue for Additional Services (CA 12).
Access, Subscriptions and Additional Services: Part " Fixed " Of Fixed telephone service revenue: access charges, subscriptions, and additional services:
Access revenue, subscriptions, and additional services: revenue generated by access charges, subscriptions, and The additional services; this must be the result of the sum of the previous indicators (CA 112).
Traffic by destination:
Local communications revenue: revenue from local communications, including tariff reductions, Invoiced to subscribers (CA 13).
Intercity Communications Revenues: Intercity Communications Revenues, including Tariff Reductions, billed to Subscribers (CA 14).
Revenue from International Communications: International communications business, including tariff reductions, billed to subscribers (outgoing traffic) (CA 15).
Note. -The taking into account of international traffic:
-outbound international traffic will be considered gross (invoicing to subscribers);
-inbound international traffic will be accounted for in revenue of interconnection services, roaming
Mobile communications revenues: revenue from communications, including tariff reductions, billed to subscribers (CA 16).
Note. -Remittances " Net " Miscellaneous levies (penalties and care, other levies) collected by mobile operators must appear in revenue (81 f 1).
1.2. From the phones
Revenues from the communications from the phones: revenue from the traffic originating from the mailings, including tariff reductions, billed to subscribers. Advertising revenues from exclusive use cards will be recorded in revenue (CA 17).
1.3. From Fixed Telephony Cards
Card Revenue: Card sales. The operator under this heading is the operator who sells the cards, either directly or indirectly. It can be the operator dealing with the corresponding calls or the operator just selling or distributing these cards. This revenue includes revenues from subscriptions and revenues from post-paid card communications (credit cards, flow-through cards and banking) and sales revenue for pre-paid cards in 2002 (CA 18).
Revenues Prepaid cards sold: sales sales of pre-paid cards in 2002 (CA 18 a).
Income from prepaid promotional cards sold in 2002 (CA 18 a1).
Post-paid card revenue: sales sales figures Post-paid cards, such as subscriber cards and flow-through cards in 2002 (CA 18 b).
Note. -FTS cards (debit cards for an account) and bank cards will not be counted.
2. Mobile (out-of-business)
2.1. Land Mobile Services
Land Mobile Revenues: revenue including access fees, subscriptions and turnover of communications, in a lump sum or under any other form Commercial form (CA 31).
-including packages: sales of packages sold including access charges, subscriptions to additional services and other fixed costs included in packages, excluding terminals sold in The " Packages " Of the operator that will be accounted for in the " Sales, rental, maintenance of terminals and equipment " At the price actually charged to the final customer (without accounting for the grant) and the amount of communications Included in the package (CA 31 a);
-including prepaid cards: sales of prepaid cards and flow-through cards for mobile networks sold including access charges and communications included in prepaid cards; and Flow-through of mobile networks. Terminals sold in " Packages " Of the operator will be accounted for in the " Sales, rental, maintenance of terminals and equipment " At the price actually charged to the final customer (excluding terminal grant) (AC 31 b).
2.2. Communications Invoiced to Terrestrial Subscribers
Outbound national mobile communications revenues (including calls from the operator's short numbers): Billing to subscribers of all Communications to national, fixed or mobile networks (excluding calls for advanced services or intelligence services) (CA 31 § 1).
International Mobile Communications Revenues: Subscribers of all international communications (CA 31 § 2).
roaming communications revenue: turnover of roaming services invoiced to the subscribers of the operator investigated for the communications issued and received Abroad that are supported by the network of a partner international operator (CA 31 § 3).
2.3. Other mobile services
Access revenue and communications for mobile satellite networks: turnover of access and subscription fees and communications, in a lump sum or in any other form Commercial (CA 32).
Revenues from paging services: revenue from access fees and subscriptions and revenues from communications, in a lump sum or in any other commercial form (CA 33).
Revenues of the Professional mobile networks: turnover of access and subscription fees and trafficking, in a lump sum or in any other commercial form for the four types of services (CA 34).
These services include:
-services Radio-maritime and aeronautical services: services of access to telephone switched networks by users of maritime and air spaces, irrespective of the network used (terrestrial or satellite). Includes, for example, TFTS network services available to airline passengers, services provided from Inmarsat networks, ...
-private radio network services (2 RP);
-radio network services Shared (3 RP);
-location and positioning services: service of providing signals for locating or positioning the receiver. All types of signals, provided by satellite and possibly increased by land, are considered here.
3. Internet (out-of-business)
3.1. Low flow
Low-speed internet access revenues charged by the operator to subscribers and subscriptions (including internet access) invoiced by the operator to subscribers (not including packages) (CA 21),
of which revenue from Internet access communications invoiced by a third-party operator: amounts of net repayments of miscellaneous levies (invoicing charges for third parties) received by the operator in respect of invoicing for Account of third-party Internet access traffic (CA 21 a).
Internet collection service revenue charged to a non-licensed Internet service provider L. 33-1 and L. 34-1 (CA 22).
Collection services revenue on Free communications for the Internet subscriber calling for: revenue from the payments of Internet service providers to the respondent operator on the packages (CA 22 a).
Internet Collection Services revenue on the Paying communications for the calling internet subscriber: turnover of payments on paying communications for the calling internet subscriber (access " Free ") (AC 22 b).
Low-speed Internet service revenue (access and traffic) Invoiced to subscribers (CA 23 a).
3.2. Broadband
High-speed internet access revenue: revenue from access charges and high-speed Internet subscriptions (CA 23 b).
Revenues from high-speed Internet connections xdsl to the ISP or subscribers: revenue from access fees and broadband Internet subscriptions (DSL technology) billed to subscribers or ISPs (CA 23 b 1).
Revenues for Internet connections by cable: revenue revenue Access and Internet subscriptions via cable (CA 23 b 2).
Internet connection revenue by a local radio loop: turnover of Internet access fees and subscriptions via the local radio loop (CA 23 b 3).
Revenue Internet connections by fibre optics or satellite links: turnover of access fees and Internet subscriptions by fibre optics or satellite links (CA 23 b 4).
High-speed internet access: Value added of the operator (sales and purchases made to an operator); this heading aims to evaluate the final market without double counting by neutralising the sales of type IP/ADSL made in the intermediate market (CA 23 B).
Revenue High-speed access sold on the final market (AC 23 b 1).
High-speed access purchases sold on the final market (DP 23 b 1).
High-speed access revenues sold to ISPs or operators (AC 23 b 2).
High-speed access purchases Sold to ISPs or operators (DP 23 b 2).
High-speed Internet access revenue: revenue from access charges and high-speed Internet subscriptions (CA 23 b).
3.3. Other Services Related to Internet Access
Services provided by operators in addition to the Internet connection.
The following indicators will be populated with the following indicators:
Revenues for others Services linked to Internet access: turnover of other services linked to Internet access (CA 24).
-including advertising revenue: revenue from online advertising (advertising generated by the provision of access to Internet) (CA 24 a);
-including e-commerce revenue, online pay services excluding Internet access: turnover generated by commissions paid in connection with e-commerce transactions (i.e. Exchange of goods and services for compensation (online orders, with or without online payment) (CA 24 b);
-including non-Internet site hosting revenue: revenue generated by hosting websites (CA 24 C).
4. Advanced services (fixed and mobile)
Revenues of free services for the appellant: turnover of access fees and subscriptions and turnover of traffic, in a lump sum or in any other form Commercial, type 0800 number or equivalent tariff point of view (CA 41).
Cost-shared telephone service revenues: revenue generated by enterprise clients of shared cost services, including International, called (access fees, subscriptions, differential on the price of communications) and revenues from communications to shared cost services (CA 42).
Revenues for shared-cost telephone services invoiced by A third-party operator: turnover of the amounts of net repayments of miscellaneous levies (invoicing charges on behalf of third parties) received by the operator for invoicing on account of third-party telephone services Shared (CA 42 a).
Revenue from shared-income services: Sum of revenue indicators for audio kiosk services and revenues from telematics kiosk services (CA 43):
-revenues from audio kiosk services: Revenues from subscriptions paid by the audio kiosk service providers (type Audiotel) and communications to the audio kiosks at the start of the subscriber posts (CA 43 a);
-revenues from audio kiosk services Invoiced by a third-party operator: turnover of net repayments of miscellaneous levies (invoicing charges for third parties) received by the operator for invoicing on behalf of third parties of the audio kiosk services (CA 43 a1) ;
-repayments of shared-income services: payments to shared-income service providers (such as the Audiotel and Télétel type) (DP 43);
-repayments of audio kiosk-type services: Audio kiosk services (type Audiotel) (DP 43 a);
-revenue from telematics kiosk services: turnover of subscriptions paid by telematics kiosk service providers (type Télétel) and turnover of the Communications to shared-income telematics services (Télétel type) from subscriber posts (CA 43 b);
-repayments of telematics kiosk services: payments to kiosk-type service providers Telematics (type Télétel) (DP 43 (b).
Special routing services revenue: turnover of access fees and subscriptions and turnover of communications, in a lump sum or in any other commercial form (CA 44).
5. Data transport and leased links (fixed and mobile networks)
Only the turnover of the final customers and not the one carried out with the operators for the sale of transit or for resale will be retained The details of leased or VPN links, so as not to take into account twice certain turnover figures, and to retain the turnover achieved in the retail market. The turnover includes the turnover of the services for which the operator is its own customer, as well as the services sold by an operator to another operator for its own needs.
5.1. On Fixed Network
Leased Bindings:
Leased link revenue: revenue rental of point-to-point transmission capacity broken down according to the following nomenclatures (CA 51).
Rental revenue from Analog links (all capabilities) (CA 51 a).
Digital link rental revenue (CA 51 b):
-capacity strictly less than 2 Mb/s (CA 51 b1);
-capacity equal to 2 Mb/s (CA 51 b2);
-tight capacity Greater than 2 Mb/s (CA 51 b3).
Data transport:
Fixed network data transport revenue: data transport revenue, including fixed and variable parts, billed to customers, net of discounts granted Broken down by the following nomenclatures (CA 52):
X25 (CA 52 a);
Frame Relay (CA 52);
ATM (CA 52 c);
IP (CA 52 d);
Transport of unbroken data (other) (CA 52 e).
5.2. On mobile networks
Mobile network data transport revenue: data transport revenue on land mobile networks (CA 52).
Interpersonal messaging revenue: invoicing To subscribers of all communications for the sending of messages of an interpersonal nature (SMS, MMS or other) (CA 52 g).
Data transport services on the Internet (in particular Wap services): access services to Internet by mobile networks, when these flows are customizable by the operator (invoicing according to specific pricing, out of package or subscription). Turnover of mobile Internet access services regardless of the technology used (I-Mode, Gprs, Wap). If the data transport flow is not identifiable by the operator, it can be included in the voice digit (CA 31), the essential being to have an aggregate indicator 3152 that contains all voice and data transport flows (CA 52 h).
6. Information services and ancillary services (fixed and mobile services)
Intelligence services revenue: turnover of traffic originating from fixed and mobile terminals to centres of Information (CA 61).
Electronic Directory Revenue: Turnover from fixed and mobile subscribers to information servers (CA 62).
Miscellaneous Revenue (CA 62):
-directories Paper: sales of paper directories and advertising in print and electronic directories (for example, 3611) (CA 63 a).
-advertising: other advertising revenue related to telephone activity (CA 63 b);
On Include revenue from:
-media valuation, with the exception of directory revenue (included in the directory line) and card receipts (counted with maps);
-online advertisements and To reduce the cost of communications of any kind (telephone, internet services and online services);
-transfer of files: turnover of the assignment of subscriber files to operators or non-operators (CA 63 c).
7. Sale, rental and maintenance of telecommunications terminals and equipment
including infrastructure sharing)
Sales, rental and maintenance of telecommunications terminals or equipment: number Sales, rental and maintenance of terminals (CA 64).
Other: turnover related to the maintenance of telecommunications terminals or equipment, such as the sharing of infrastructures with third party operators, Etc. (CA 64 §).
8. Other services related to telecommunications services
Services revenue from accommodation or provision of equipment: turnover of these services (CA 71).
Call centre management revenue or Kiosk services (excluding communications): turnover of these services (CA 72).
9. Interconnection and wholesale services (fixed and mobile services)
9.1. Fixed interconnection and wholesale sales
Access revenue: revenue from access benefits (connection charges and subscriptions, connection links, collocation services) resulting from the agreements Interconnection with holders of licences L. 33-1 or L. 34-1, whether with fixed, mobile operators or with international operators (CA 81 a).
Revenue from traffic collection services to operators L. 33-1 or L. 34-1: turnover from collection services (BPN collection and rental service corresponding to this service) (CA 81 b).
Transit service revenue: revenue from transit services (CA 81 c).
Revenue of termination on fixed network of traffic originating from a fixed national operator: turnover derived from termination benefits (termination traffic and lease of the BPNs corresponding to this service) (CA 81 d 1).
Revenue from Termination on a fixed network of traffic originating from a mobile national operator: turnover derived from termination benefits (termination traffic and rental of BPNs corresponding to this service) (CA 81 d 2).
Call receipts International Inbound (CA 81 g).
Incoming international traffic revenue: revenue from inbound international traffic (CA 81 e).
Wholesale minutes sales revenue: sales of wholesale minutes Operators L. 33-1 or L. 34-1 (CA 82).
Unbundled loop revenue:
-totally unbundled loops (CA 85 a);
-partially unbundled loops (CA 85 b).
Internet access traffic services revenue low Rate: turnover derived from direct and indirect interconnection benefits on low-speed Internet access traffic between incumbent operators L. 33-1 or L. 34-1 (CA 84 a).
Interconnecting services revenue Broadband Internet access: turnover on high-speed Internet access traffic between licensed operators L. 33-1 or L. 34-1 (CA 84 (b).
9.2. Mobile Interconnect
Revenue from roaming services with international operators: revenues from roaming services rendered in France to foreign network subscribers (CA 83).
Revenue Terminating on a mobile network of traffic originating a fixed national operator: turnover derived from termination benefits (termination traffic and rental of BPNs corresponding to this service) (CA 81 f 1).
Revenue from Terminating on a mobile network of traffic originating from a mobile national operator: revenue from termination benefits (termination traffic) (CA 81 f 2).
A N N E X E 5
SERVICES AVANCED
The special numbers are non-geographical numbers of the form 08 AB PQ MC DU. Decision No. 98-1046 of 23 December 1998, as amended, distinguishes:
The free call services (or free of charge for the appellant), says Green Number (0800, 0805) at France Télécom. They are free for the caller when the caller calls from a fixed network. However, when the caller calls from a mobile network, he pays the cost of the GSM communication.
Shared cost numbers (the cost of the service is shared between the caller and the caller). There are:
-the pay-shared-cost numbers for the holder, known as Number azure (0801012X1) at France Télécom, when the call is charged to the communication and the caller pays the cost of the local communication (if it calls since A fixed network) or a GSM call (if it calls from a mobile network);
-free shared cost numbers for the holder, says number indigo (0802, 0803, 082X2) at France Télécom. The cost of the communication is fully charged to the appellant at the rate level, called a fee that is independent of the traffic.
Shared-income numbers (089X): the user is entitled to a repayment by the Electronic communications service provider, the appellant paying for the communication at a fee level.
The following table presents the summary of billing flows by special issue type. The holder is the company that has been assigned the number 08AB.
You can view the table in OJ
No 6, 08/01/2005 text number 50
1. A case where only one operator is involved in the
local loop operator)
This is the case of a local loop operator to which special numbers are assigned.
1.1. Shared Cost Numbers and Call Home Numbers
It is up to the operator to report the sales revenue it charges to the caller and called.
1.2. Shared-income numbers
The operator reports the total revenue invoiced to the caller as well as the portion of the revenue related to the transportation invoiced to the appellant (it deducts the re-payments that it makes to The called and that represent the content-related part).
You can view the table in OJ
No 6, 08/01/2005 text number 50
2. When multiple operators are involved in communication
This is the case where the terminal operator (OT) that holds the special numbers is distinct from the local loop operator (OBL), mobile or fixed, of Caller.
2.1. Call-free numbers (0800, 0805), toll-shared cost numbers for the holder (081x) and free-type shared cost numbers for the holder (082x)
You can consult the Table in OJ
n ° 6 of 08/01/2005 text number 50
2.2. Shared-income numbers (089x)
The local loop operator (OBL), mobile or fixed, declares the sales made to the caller in " Revenue from Cost-Shared Telephone Services " (CA 42), but Will indicate nothing in the topic " Including revenue from shared-income telephone services invoiced by a third party operator ".
You can view the table in OJ
No 6, 08/01/2005 Text number 50
The OBL operator declares the part of the revenue related to the total freight charged to the appellant (it deducts the reentitlements that it makes to the OT and which represents the portion related to the
The EO operator reports the revenue charged to the OBL as well as the portion of the revenue related to the transportation invoiced to the Called (it deducts the payments it makes to the name and who Represent the content-related part).
SERVICE UNIVERSEL
ART publishes the decision adopting the relevant revenue statement for the final contribution calculation The universal service fund for the year 2002 following the publication of Decree No. 2004-1222.
Paris, 26 November 2004.
The Act of 31 December 2003 on the public service of telecommunications and France Télécom requires new financing arrangements for the universal service as from the final financial year 2002 and, in particular, the Modifying the cost of the universal service cost distribution key between the operators (switching a key to the traffic volume).
Context
To implement these On 30 April 2004, the Telecommunications Regulatory Authority convened on this subject the potential contributors to the universal service fund and representatives of the profession of
. This consultation, the Authority initiated a public consultation which ended on 16 September. As part of this consultation, the Authority has proposed certain implementing rules through a notification package. The main change then affected the scope of the contributors; whereas the scope initially proposed in the draft notice subject to public consultation restricted the contributors to only the operators holding a Authorisation L. 33-1 or L. 34-1 in 2002, the second version adopts a scope of contributors in accordance with Article L. 35-3 of the postal code and electronic communications, based on the definition of operators, provided for at 15 ° Article L. 32 of the Code as " Any natural or legal person operating a network of electronic communications open to the public or providing the public with an electronic communications service ".
Thus, all operators of Electronic communications having had activities in 2002, even if they were not authorised-and in particular Internet service providers, data carriers, information providers or Telephone card providers-must contribute, as from the final financial year 2002, to the universal service fund.
The Authority has therefore sent this second version of the notice of declaration to operators on 13 October Requesting to declare their relevant turnover before 29 October.
This request was completed on 19 October by the publication of a communiqué inviting all potential contributors, operators of communications services In 2002, to make themselves known and to send their statement of turnover (Annex 1 of the notice) to the Authority.
Decree No. 2004-1222 of 17 November 2004 on public service obligations and the financing of the Published in the Official Journal on 19 November 2004, specifies how the new legal regime applicable to the calculation of the cost of universal service is to be applied.
Decision No. 2004-1027 of The Authority, on 25 November 2004, which adopts the notice of declaration of the relevant turnover for the calculation of the final contribution to the universal service fund for the year 2002, follows the publication of the aforementioned
.
Changes to the final version of the package insert
The final record:
-updates the legal references; it mentions in particular the 5-million-euro abatement Provided in Article R. 20-39 of the Code;
-provides some clarification:
-recalling (page 5) that, in particular, Internet service providers, data providers, service providers, etc. Telephone card information and suppliers;
-specifying (page 6) that the number of incoming international calls is interlinked;
-stating that for 2002 is not Considered as operators the services marketing companies (SCS) or the companies sending out faxes in volume (page 6);
-specifying the methods of reporting in the case of bundle of eligible benefits and not Eligible (page 10);
-recalling the obligation to return the universal service questionnaire within the prescribed time limits, including in the case of the 5 million euro reduction provided for in Article R. 20-39 above A nil contribution (page 11);
-indicating that the Authority will ensure homogeneity in the processing of specific cases by operators and that it will eventually be able to address the identified anomalies. Any reprocessing will be notified to the operator concerned by the Authority (pages 11 and 12).
Practical arrangements for contributors
Operators who have already made their declaration are invited to attend. Communicate, if applicable, a new return if they feel that the details so required.
The return deadline for the return is December 10, 2004.
For the final evaluation of the years 2003 and 2004, the Authority will again consult the sector, prior to the sending of the notification package, in order to draw up a list of operators subject to the reporting obligation for these years.
Additional
: Frédérique Vallet (tel. : 01-40-47-70-71, fax: 01-40-47-71-93; frederique.vallet@art-telecom.fr);
François Varloot (tel. : 01-40-47-70-64; françois.varloot@art-telecom.fr).
The following documents are published, read and download:
-Decision No. 2004-1027 of 25 November 2004, adopting the notice of declaration of the relevant turnover for The calculation of the final contribution to the universal service fund for the year 2002 (pdf file);
-the relevant revenue statement for the calculation of the contribution to the universal service fund for the year 2002 (pdf file);
-the declaration form (Annex 1 of the Guide in Word format);
-the form entitled " Turnover recorded in the reported turnover " (Appendix 2 of the guide);
-the pass matrix (at Excel format);
-the optional form (Appendix 3 of the Word document).
Done at Paris, November 25, 2004.
The President,
P. Champsaur
